Opinions Oct. 5. 2010

Related News and Opinion

Indiana Supreme CourtWayne
D. Kubsch v. State of Indiana
71S00-0708-PD-335
Post-conviction. Affirms judgment of the post-conviction court. Kubsch appeals, raising several issues for review, nine of
which are waived because they were known and available at the time of Kubsch’s direct appeal and another three issues
are barred because of the doctrine of res judicata. Regarding claims the prosecutor failed to disclose exculpatory evidence,
rules information was not material and he failed to establish the nine requirements for obtaining a new trial due to newly
discovered evidence so his Brady v. Maryland, 373 U.S. 83 (1963), claim fails. Also rules Kubsch failed to demonstrate
that counsel rendered ineffective assistance.

Term.
of Parent-Child Rel. of I.A.; J.H. v. IDCS
62S01-1003-JV-148
Juvenile. Reverses involuntary termination of parental rights of father, J.H., because the evidence did not prove there is
a “reasonable probability” that the reasons for I.A.’s placement outside father’s home will not be
remedied or that continuation of the parent-child relationship poses a threat to the child’s well-being. Justice Boehm
dissents.

Indiana
Department of State Revenue v. Belterra Resort Indiana, LLC
49S10-1010-TA-519
Tax. Rules a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana
use tax. At issue was whether the transfer of the riverboat from the parent company to its subsidiary corporation was a retail
transaction under Indiana Code section 6-2.5-3-2(a).

Indiana Court of AppealsNevin
Brooks v. State of Indiana
49A04-0911-CR-651
Criminal. Affirms conviction of and 55-year sentence for felony murder. Notes the trial court considered Brooks’ age
in fashioning the sentence imposed and also considered Brooks’ criminal history. Rules that given the nature of the
offense and the character of the offender, the sentence imposed by the trial court is not inappropriate.State of Indiana v. Amanda Renzulli
32A04-1003-CR-194
Criminal. Affirms trial court’s suppression of evidence obtained after a traffic stop of Renzulli. Judge Bradford dissents,
believing police officers had reasonable suspicion.

Mardi
Clemens v. Daniel Clemens (NFP)
02A03-1003-DR-118
Domestic Relation. Concludes the trial court committed error by ordering the wife to pay damages to the husband equal to
the amount of the death benefits of the first life insurance policy surrendered by her. Remands for the trial court to adjust
its order so that the wife pays to husband the amount that wife received when she liquidated the policy plus any interest
that has accrued.

Robert
Lavaugh Ackles v. State of Indiana (NFP)
48A02-1002-CR-118
Criminal. Affirms 36-month sentence – 24 months executed, 12 months suspended – after guilty plea to Class D
felony operating a vehicle with an alcohol concentration equivalent of at least 0.15, and failure to yield right-of-way to
emergency vehicle and operating a vehicle without financial responsibility, both as a Class A infraction.

Thomas
L. White v. State of Indiana (NFP)
20A05-1001-CR-38
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated but remands for the trial court to issue
a new sentencing order and abstract of judgment regarding his second conviction of OWI to reflect that this conviction is
merged with Count I.

Roderick
L. Ensley v. State of Indiana (NFP)
02A03-0907-CR-348
Criminal. Affirms in part, reverses in part, and vacates. Rules the trial court did not abuse its discretion in admitting
the evidence discovered during the search. Also concludes the evidence was insufficient to support Ensley’s conviction
of Class D felony possession of cocaine so reverses that conviction and directs the trial court to vacate the conviction and
the attendant sentence.